1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On October 29, 2010, the Defendant was issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act at the Suwon Franchising Station on the ground of a violation of the Road Traffic Act. On May 24, 2011, the Defendant was issued a summary order of KRW 3,50,000 due to a violation of the Road Traffic Act (driving in Drinking) at the Suwon Flachising Station on the ground of a violation of the Road Traffic Act. On November 22, 2011, the Defendant was issued a summary order of KRW 5,00,000 by the Suwon Flachising Station on the ground of a violation of the Road Traffic Act.

[Criminal facts] On February 1, 2018, the Defendant driven BM5 vehicle under the influence of alcohol with about 0.175% alcohol concentration from approximately 400 meters away from the 43rd road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the 1st road in Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business, certificate of alcoholic content during blood, and photographic;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of a summary order);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding community service and order to attend a lecture [the scope of punishment] The punishment was determined as ordered by taking into account the following circumstances, including the defendant’s age, sex, environment, motive of crime and circumstances after committing the crime: (a) six months of imprisonment; (b) one year and six months of imprisonment (decision of sentence]; and (c) other conditions of sentencing indicated in the records.

The defendant committed the crime of this case without being aware of the fact that he was punished five times by a fine due to drinking driving.